People v. Cherry

Appellate Division of the Supreme Court of New York

People v. Cherry

67 A.D.2d 665, 412 N.Y.S.2d 35, 1979 N.Y. App. Div. LEXIS 10245

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 8, 1979

StatusPublished

This text of 67 A.D.2d 665 (People v. Cherry) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cherry, 67 A.D.2d 665, 412 N.Y.S.2d 35, 1979 N.Y. App. Div. LEXIS 10245 (N.Y. Ct. App. 1979).

Pincite

Opinion

— Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 28, 1976, convicting him, upon a plea of guilty, of attempted murder of a peace officer, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, plea vacated, and case remanded to Criminal Term for further proceedings in accordance herewith. The court erred when it instructed the defendant that his lack of knowledge that his intended victim was a peace officer acting in the course of his official duties was not a defense to the crime to which he ultimately pleaded (see People v Harris, 67 AD2d 665). Under these circumstances, defendant’s plea cannot be permitted to stand, as it may not be considered knowing and voluntary (see People v Serrano, 15 NY2d 304; cf. People v Francis, 38 NY2d 150). Mollen, P. J., Rabin, Gulotta and Martuscello, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 28, 1976, convicting him, upon a plea of guilty, of attempted murder of a peace officer, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, plea vacated, and case remanded to Criminal Term for further proceedings in accordance herewith. The court erred when it instructed the defendant that his lack of knowledge that his intended victim was a peace officer acting in the course of his official duties was not a defense to the crime to which he ultimately pleaded (see People v Harris, 67 AD2d 665). Under these circumstances, defendant’s plea cannot be permitted to stand, as it may not be considered knowing and voluntary (see People v Serrano, 15 NY2d 304; cf. People v Francis, 38 NY2d 150). Mollen, P. J., Rabin, Gulotta and Martuscello, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

67 A.D.2d 665, 412 N.Y.S.2d 35, 1979 N.Y. App. Div. LEXIS 10245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cherry-nyappdiv-1979.

Opinion

Related

Cite This Page — Counsel Stack